Writers Guild of America, WEST, Inc. JUNE 29, Deadline

Transcription

1 Writers Guild of America, WEST, Inc. annual financial report JUNE 29, 2018

2 Writers Guild of America, west, Inc. Board of Directors David A. Goodman President Marjorie David Vice President Aaron Mendelsohn Secretary-Treasurer John August Andrea Berloff Angelina Burnett Africa Patti Carr Zoanne Clack Courtney Ellinger Jonathan Fernandez Chip Johannessen Glen Mazzara Michele Mulroney Zak Penn Luvh Rakhe Meredith Stiehm Patric M. Verrone Matthew Weiner Nicole Yorkin David Young Executive Director WGAw Headquarters 7000 West Third Street Los Angeles, CA Telephone (323) Fax (323) Affiliated with: La Guilde des Scénaristes Francaise New Zealand Writers Guild Script Writers Association, Mumbai Scriptwriters Guild of Israel Société des auteurs de radio, télévision et cinéma Verband Deutscher Drehbuchautoren Writers Guild of America East Writers Guild of Canada Writers Guild of Great Britain Writers Guild of Ireland Writers Guild of South

3 statement of the committee STATEMENT OF THE MEMBERSHIP AND FINANCE COMMITTEE June 29, 2018 Dear Fellow Members: We are pleased to present the Guild s annual financial report. This year s report continues the positive trends recorded over the last half decade. The Guild remains financially strong, with growing revenues and a healthy operating surplus. In this booklet, you will find the WGAW s financial statements and a summary of industry and employment data for the fiscal year that ended March 31, These are the highlights: The Guild ended the fiscal year with total net assets of over $67 million. The Guild owns its headquarters located at the corner of Third Street and Fairfax Avenue, where long-planned building renovations are now underway. The work includes exterior painting, an upgrade of the first floor member lounge, and a soonto-begin expansion of the second floor Del Reisman Multipurpose Room. The Guild had an operating surplus for the fiscal year of $8.2 million based on total revenues of $39.2 million, up from $34.3 million last year. The surplus was the product of growth in overall writer earnings, led by the television and new media sectors, and by investment gains generated from a strong equities market. Annual expenditures of $31 million were modestly higher than FY 2017 s total of $28.1 million. The increase was related to two negotiations: the Guild s successful renegotiation of the 2017 MBA, which concluded last May; and preparations for the upcoming renegotiation of the Guild s franchise agreement with the talent agencies, known as the Artists Manager Basic Agreement or AMBA. The supplemental schedule on page 17 of the audited financial statements reflects that the Guild s Foreign Levies Program distributed $21.9 million to writers and heirs during the last fiscal year, a record high for the program, which currently collects royalties in 19 countries in Europe and South America. This annual review is also posted on the Foreign Levies page of the Guild s website, along with other information about the program. We publish this financial information each year in the interest of transparency and a fully informed membership. The Membership and Finance Committee is a constitutional body, made up of five members appointed by the Board of Directors. The Committee oversees the annual audit conducted by the independent accounting firm of Miller Kaplan Arase LLP, whose report is contained in this booklet. Sincerely, The Membership and Finance Committee Aaron Mendelsohn (chair), Tony DeSena, Carleton Eastlake, Jonathan Fernandez and Michele Mulroney 1

4 THE MARKetPLace FOR WRitinG The Marketplace for Writing Employment and Earnings Total Earnings for WGAW Writers and Number of Writers Reporting Earnings Reports of employment in all work areas combined grew almost 2% in Total writer earnings reported to the WGAW rose almost 3% and topped $1.4 billion. Year Number of Writers Reporting Earnings WGAW Employment and Earnings Percent Change vs. Prior year Total Earnings Reported (in $ Millions) Percent Change vs. Prior year , % $ 1, % , % $ 1, % , % $ 1, % , % $ 1, % , % $ 1, % , % $ 1, % Source: WGAW records, prior years updated to include late reporting; current year figures can be expected to rise similarly. Earnings and EmPLoyment on Television and Digital Platforms Earnings of television and digital platform writers reported to the WGAW for 2017 rose 1.4% to $976 million. Total employment is down 0.3% from 2016, with 4,670 writers reporting income from television and digital platforms, though this figure is likely to increase with late reporting. WGAW Television and Digital Platforms Employment and Earnings Year Number of Writers Reporting Earnings Percent Change vs. Prior year Total Earnings Reported (in $ Millions) Percent Change vs. Prior year , % $ % , % $ % , % $ % , % $ % , % $ % , % $ % Source: WGAW records, prior years updated to include late reporting; current year figures can be expected to rise similarly. Writer-producers report their weekly salary to the Guild at Article 14 minimum, meaning these figures do not constitute all television and digital platform writer income, nor do they reflect downward pressure on writers overscale income as a result of the growth of short season orders and other changes in the television and digital media industry. To address these changes, the WGA negotiated a new provision in the 2017 MBA that regulates the episodic compensation of TV and digital platform writer-producers. For contracts entered into beginning May 2, 2018, writers at the producer level on series staffs will have a cap of 2.4 weeks of work per episode that their 2

5 episodic fee pays for. The limit will apply to series with episode orders of 12 or fewer episodes on broadcast television, and 14 or fewer episodes on pay TV, basic cable, the CW and subscription video on demand platforms. Additionally, these rules will apply only to writers guaranteed $350,000 or less in a year, excluding script fees. Earnings and EmPLoyment on Theatrical Projects Screenwriter earnings and employment grew in 2017, with earnings exceeding $400 million for the first time since Year WGAW THEAtricAL EMPLOYMENT And EArninGS Number of Writers Reporting Earnings Percent Change vs. Prior year Total Earnings Reported (in $ Millions) Percent Change vs. Prior year , % $ % , % $ % , % $ % , % $ % , % $ % , % $ % Source: WGAW records, prior years updated to include late reporting; current year figures can be expected to rise similarly. Earnings and EmPLoyment on Television & Radio News & Promotion, Informational and Interactive ProGRams Employment in news, promotion, informational and interactive programming fell to 153 writers reporting earnings while earnings were up 3.1% from WGAW News & Promotion, Informational and Interactive Employment and Earnings Year Number of Writers Reporting Earnings Percent Change vs. Prior year Total Earnings Reported (in $ Millions) Percent Change vs. Prior year % $ % % $ % % $ % % $ % % $ % % $ % Source: WGAW records, prior years updated to include late reporting; current year figures can be expected to rise similarly. Residuals Residuals collected by the WGA in 2017 grew to a record high of $ million, an 11.8% increase over Residuals increased 12.4% in television and 10.7% in screen. Consistent with previous years, television continues to be the stronger area, with $277.6 million in receipts, representing 64.4% of the total residuals collected in New media residuals, the fastest growing and now largest residual category overall, continue to increase with a 56.9% increase since last year, going from $41.09 to 3

6 $64.49 million and representing 23.2% of total television residuals collected. For the sixth consecutive year new media residuals exceeded pay TV and home video residuals for television programs. In 2017, foreign television residuals exceeded $56 million, making it the second largest area for television after new media. This is a 12.3% increase from last year for foreign TV. Made-for basic cable saw only a slight increase in 2017 to $37.48 million. Network prime time had a slight decrease over last year at $19.56 million. Domestic syndication is also down 4% from last year. Home video residuals for television saw a slight increase of 5.1% from last year with $3.93 million. Total feature film residuals had a gain of 10.7% from last year to $ million. Pay TV residuals remain the largest dollar category for film, with a 1.7% gain from last year at $52.73 million. Worldwide television is our second largest dollar category, with a 10.7% increase from last year at $44.94 million. The script publication fee had a gain of 31.1% over 2016 with $2.36 million. The increase in the script publication fee is in part due to the doubling of the fee under the 2014 MBA. Home video receipts for film continue to decline with an 8.8% decrease from last year to $19.48 million. New media had a notable increase of 50.9% with $32.39 million. TOTAL RESIDUAls RECEIVed 2012 THrouGH 2017 (includes Collections and Affirmative Policing totals / in millions of dollars) Percent Change Percent Change Television RESIDUALS Prime Time Network $23.78 $24.00 $22.17 $19.46 $19.65 $ % -17.7% Domestic Synd. / WB / CW % -17.4% Foreign Free TV & Basic Cable % 42.0% Basic Cable (Non Basic Cable Programs) % -1.1% Basic Cable for Made-for Basic % 14.2% Pay TV for Made-for Pay % 78.7% Pay TV (for Non-Pay Programs) % 48.8% Home Video % -55.2% New Media Reuse % 390.8% Network Late Night / Weekend Day % 61.2% Misc. TV Reuse % -31.5% TV Creator Royalties % -4.5% Total Television Residuals $ $ $ $ $ $ % 30.7% Theatrical Residuals Worldwide Television $43.43 $45.19 $45.04 $44.87 $40.58 $ % 3.5% Home Video % -35.8% Pay TV % 2.1% Script Publication Fee % 129.1% New Media Reuse % 275.8% Misc. Theatrical Reuse % -15.9% Total Theatrical Residuals $ $ $ $ $ $ % 12.2% Total Residuals $ $ $ $ $ $ % 23.5% Note: Certain new media residuals previously reported as pay TV due to ambiguous coding by certain studios have been reclassified as new media to better reflect market trends. 4

7 CONTRact ENFORcement CONTRAct ENFORCEMENT The Guild s Residuals Department enforces residuals provisions of the contract by investigating potential under-payment or non-payment, and referring cases not resolved during the investigation to the Legal Services Department. Amounts collected and total open cases by year are as follows: RESIDUALS DEPARTMENT TOTAL AMOUNTS COLLECTED (THRU 4/30/18) Residuals $25,782,503 $28,710,320 $30,168,459 $24,731,072 $44,566,668 $27,580,803 $33,261,907 $7,474,504 Residuals Interest 838, , , ,476 1,199, ,284 1,176, ,009 Total Amounts $26,621,238 $29,289,111 $30,395,600 $25,240,548 $45,766,583 $28,249,087 $34,438,250 $7,768,513 Total OPEN CASES The primary function of the Guild s Legal Services Department is to enforce employer obligations under the WGA s collective bargaining agreements, normally through the filing of grievances and arbitration claims. The chart below reflects total annual collections, broken down by type of damages collected: LEGAL DEPARTMENT TOTAL AMOUNTS COLLECTED (THRU 5/18/18) Initial Compensation $1,550,866 $1,428,175 $1,971,161 $2,179,145 $2,983,368 $3,805,665 $3,317,650 $289,547 Compensation Interest 208, , , , , , ,595 10,507 Residuals 1,612,032 1,967,801 2,843,412 11,444,135 6,174,449 4,161, ,859 2,366,556 Residuals Interest 333, , ,867 1,269, ,343 1,866,141 66,272 61,478 P&H 296, , , , , , , ,100 P&H Interest 28,405 25,901 26,357 31,373 14,062 40, ,026 4,131 Credits Damages 116, , ,250 88, ,300 41,735 20,750 1,922 Total AMOUNTS $4,146,697 $4,577,361 $6,144,732 $16,210,845 $10,446,490 $10,531,840 $5,622,525 $3,206,241 LEGAL DEPARTMENT TOTAL OPEN CASES (thru 5/13/18) Compensation Credits Miscellaneous Residuals Separation of Rights Total CASES

8 FINANCIAL STATements WRITERS GUILD OF AMERICA, WEST, INC. FINANCIAL STATEMENTS

9 FINANCIAL STATEMENTS CONTENTS Page Independent Auditor s Report 1-2 Financial Statements Statement of Financial Position 3 Statement of Activities 4 Statement of Cash Flows 5 Notes to Financial Statements 6-16 Supplemental Schedule Foreign Levies Funds Collected, Distributed and Held by WGAW 17

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12 STATEMENT OF FINANCIAL POSITION ASSETS GUILD THEATER GOOD YEAR TOTAL OPERATIONS OPERATIONS STRIKE & WELFARE 2000 ALL FUND FUND FUND FUND FUND FUNDS Cash and Cash Equivalents $26,279,882 $28,096 $98,724 $78,150 $1,884,450 $28,369,302 Membership Dues Receivable 6,446, ,446,000 Accounts Receivable, Net 648,484 75,750 15,752 4, ,202 Notes Receivable, Net ,400-7,400 Prepaid Expenses 573,384 1, ,915 Investments, at Market Value 9,604,296-14,449,728 5,208,623-29,262,647 Funds Received On Behalf Of Members 24,800, ,800,196 Property and Equipment, Net 5,403, , ,769,870 Security Deposits - 23, ,477 Inter-Fund Borrowings 1,694,773 (1,685,899) (94) (117) (8,663) - TOTAL ASSETS $75,450,109 ($1,190,269) $14,564,110 $5,298,272 $1,875,787 $95,998,009 LIABILITIES AND NET ASSETS Accounts Payable and Accrued Expenses $1,413,668 $ - $8,468 $1,331 $ - $1,423,467 Accrued Salaries, Vacation and Severance 2,287, ,287,651 Deferred Rent - 70, ,173 Due To Members 24,800, ,800,196 TOTAL LIABILITIES 28,501,515 70,173 8,468 1,331-28,581,487 NET ASSETS UNRESTRICTED: Undesignated Net Assets (Deficit) 45,821,712 (1,260,442) ,561,270 Designated Net Assets 1,000,000-14,555,642 5,296,941 1,875,787 22,728,370 46,821,712 (1,260,442) 14,555,642 5,296,941 1,875,787 67,289,640 TEMPORARILY RESTRICTED 126, ,882 TOTAL NET ASSETS (DEFICIT) 46,948,594 (1,260,442) 14,555,642 5,296,941 1,875,787 67,416,522 TOTAL LIABILITIES & NET ASSETS $75,450,109 ($1,190,269) $14,564,110 $5,298,272 $1,875,787 $95,998,009 The accompanying notes are an integral part of the financial statements 3

13 STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED CHANGE IN UNRESTRICTED NET ASSETS: REVENUES GUILD THEATER GOOD YEAR TOTAL OPERATIONS OPERATIONS STRIKE & WELFARE 2000 ALL FUND FUND FUND FUND FUND FUNDS Member Dues $33,279,724 $ - $ - $ - $ - $33,279,724 Administrative Fees 1,819, ,819,006 Other 1,876, ,328 7, ,516,844 TOTAL REVENUES 36,975, ,328 7, ,615,574 EXPENSES Payroll and Related Expenses 18,835, ,007 3,049 4,293-19,172,738 Special Functions 4,080, ,080,939 Occupancy 2,904, , ,321,381 Operating 1,463,534 79,833 (43,510) (20,920) - 1,478,937 Professional Fees 2,172,879 1,178 12,908 4,768 25,280 2,217,013 Communications 587, ,574 TOTAL EXPENSES 30,044, ,223 (27,553) (11,859) 25,280 30,858,582 NET OPERATING INCREASE (DECREASE) 6,931,238 (195,895) 35,070 11,859 (25,280) 6,756,992 INVESTMENT INCOME Investment Income 617, , ,515 13,079 1,856,277 Net Realized (Loss) on Sales of Investments (8,877) - (39,910) (11,066) - (59,853) Net Unrealized (Depreciation) in Market Value (182,220) - (168,441) (63,411) - (414,072) Net Amortization of (Premiums) Discounts (44,915) (44,569) TOTAL INVESTMENT INCOME 381, , ,149 13,079 1,337,783 CHANGE IN UNRESTRICTED NET ASSETS 7,312,261 (195,895) 711, ,008 (12,201) 8,094,775 CHANGE IN TEMPORARILY RESTRICTED NET ASSETS: Contributions (Showrunner Program) 250, ,000 Net Assets Released from Restrictions (182,380) (182,380) CHANGE IN TEMPORARILY RESTRICTED NET ASSETS: 67, ,620 CHANGE IN NET ASSETS 7,379,881 (195,895) 711, ,008 (12,201) 8,162,395 NET ASSETS (DEFICIT), BEGINNING OF YEAR 39,568,713 (1,064,547) 13,844,040 5,017,933 1,887,988 59,254,127 NET ASSETS (DEFICIT), END OF YEAR $46,948,594 ($1,260,442) $14,555,642 $5,296,941 $1,875,787 $67,416,522 The accompanying notes are an integral part of the financial statements 4

14 STATEMENT OF CASH FLOWS FOR THE FISCAL YEAR ENDED GUILD THEATER GOOD YEAR TOTAL OPERATIONS OPERATIONS STRIKE & WELFARE 2000 ALL FUND FUND FUND FUND FUND FUNDS CASH FLOWS FROM INVESTING ACTIVITIES: Change in Net Assets $7,379,881 ($195,895) $711,602 $279,008 ($12,201) $8,162,395 Adjustments to Reconcile Change in Net Assets to Net Cash Provided By (Used in) Operating Activities: Depreciation and Amortization 556,886 48, ,886 Net Realized Loss on Sales of Investments 8,877-39,910 11,066-59,853 Net Unrealized Depreciation in Market Value 182, ,441 63, ,072 Net Amortization of Premiums (Discounts) 44,915 - (235) (111) - 44,569 Write-off of Notes Receivable - - 3,250-3,250 (Decrease) in Allowances for Doubtful Accounts - - (43,509) (24,170) - (67,679) (Increase) in Membership Dues Receivable (215,000) (215,000) (Increase) in Accounts Receivable (177,503) (64,050) (5,102) (1,378) - (248,033) (Increase) Decrease in Prepaid Expenses (48,381) (48,196) Increase in Accounts Payable and Accrued Expenses 155,259-8,468 1, ,058 Increase in Accrued Salaries, Vacation and Severance 158, ,254 Increase in Deferred Rent - 13, ,323 NET CASH PROVIDED BY (USED IN) OPERATING ACTIVITIES 8,045,408 (198,437) 879, ,407 (12,201) 9,046,752 CASH FLOWS FROM INVESTING ACTIVITIES: Purchase of Property and Equipment (941,730) (6,719) (948,449) Issuance of Notes Receivable (13,450) (13,450) Payments Received on Notes Receivable ,509 36,470 40, ,979 Purchases of Investments (6,466,253) - (14,141,406) (4,237,749) - (24,845,408) Maturities of Investments 6,077,831-13,264,393 3,899,629-23,241,853 NET CASH PROVIDED BY (USED IN) INVESTING ACTIVITIES (1,330,152) (6,719) (833,504) (315,100) 40,000 (2,445,475) CASH FLOWS FROM FINANCING ACTIVITIES: Increase (Decrease) in Inter-fund Borrowings (228,532) 232,356 (3,683) (4,720) 4,579 - NET CASH PROVIDED BY (USED IN) FINANCING ACTIVITIES (228,532) 232,356 (3,683) (4,720) 4,579 - NET INCREASE IN CASH AND CASH EQUIVALENTS 6,486,724 27,200 42,388 12,587 32,378 6,601,277 CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 19,793, ,336 65,563 1,852,072 21,768,025 CASH AND CASH EQUIVALENTS, END OF YEAR $26,279,882 $28,096 $98,724 $78,150 $1,884,450 $28,369,302 The accompanying notes are an integral part of the financial statements 5

15 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accounting Policies Organization Writers Guild of America, West, Inc. ( WGAW ) is a labor union incorporated in the state of California, which exists for the purpose of negotiating the terms and conditions of employment of writers in the motion picture, television and new media industries. WGAW represents writers with respect to the collection and distribution of residuals, foreign levies or other payments attributable to the exploitation of their work. WGAW is affiliated with Writers Guild of America, East, Inc. ( WGAE ), as well as with international writers organizations throughout the world. WGAW s headquarters is located at 7000 West Third Street, Los Angeles, California Description of Funds To ensure observance of limitations and restrictions placed on the use of resources available to WGAW, the accounts of WGAW are maintained on the accrual basis. Fund accounting provides that resources for various purposes are reclassified for accounting and reporting purposes into net asset categories established according to their nature and purposes. The assets, liabilities, and net assets of WGAW are reported in five self-balancing fund groups as follows: Net Assets The Guild Operations Fund includes undesignated and designated resources and represents the portion of the funds that are available for WGAW operations and member services. The Theater Operations Fund contains funds intended for use in connection with the Film Society and other theater operations. The Strike Fund was created in 1986 to provide loans or grants as determined by the Board of Directors to members adversely affected by a strike. The Year 2000 and Good & Welfare Funds were created in October 1992 to provide special purpose funds for WGAW operations as described more fully below. Unrestricted net assets are assets that are neither permanently restricted nor temporarily restricted by donor-imposed stipulations. Temporarily restricted net assets are assets whose use has been restricted by donors for a specific period or purpose. When a donor restriction expires (a stipulated time restriction ends or purpose restriction is accomplished), temporarily restricted net assets are reclassified as unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Interest income earned on temporarily restricted contributions received and expended in the same fiscal year is recorded as unrestricted revenues. 6

16 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accounting Policies, continued Designated Net Assets The Board of Directors has designated $1,000,000 of WGAW s operating net assets as a reserve for emergency situations in accordance with the WGAW Constitution. The Strike Fund net assets have been designated in accordance with the WGAW Constitution to provide loans or grants to members who are adversely affected by a strike. The Good & Welfare Fund was established to provide interest-free, short-term loans for current members in good standing who are experiencing acute financial distress in emergency situations. Loans to members are financed from the interest and investment revenue generated by the principal of the fund. The Year 2000 Fund was established to provide WGAW with resources to more effectively meet the challenges and address the issues raised by the significant changes in the domestic and international marketplace; to ensure that writers future participation in revenues generated by the exploitation of their literary materials is better protected and guaranteed; and to further the creative, artistic and professional standing of screen and television writers. Expenditures from this fund are approved by the Board of Directors. Funds Received on Behalf Of Members WGAW receives funds on behalf of members and other payees in the following segregated accounts: (1) member payments; (2) client trust; (3) foreign levies; (4) undeliverable funds; and (5) small residuals. Member payments include monies received from production companies and payable to writers as a result of the use of excerpts of WGAW-covered programs. The client trust account contains funds received by WGAW and payable to writers as damages as the result of legal proceedings to enforce WGAW s collective bargaining agreements. Foreign levies are monies paid under foreign laws to authors of copyrighted works. These monies are paid to WGAW by foreign collection societies for private copying, video rental and cable retransmission of audio-visual works copyrighted in the U.S. WGAW collects and distributes these levies to WGAW and WGAE members, nonmembers and beneficiaries. WGAW holds in trust funds from 22 countries in Europe, Latin America, and Asia for the benefit of the lawful payees. 7

17 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accounting Policies, continued The WGAW supports the Foreign Levies Program ( FLP ) by retaining interest on funds held in trust and charging an administrative fee (currently 5%) on all funds distributed. For the fiscal year ended March 31, 2018, the total cost of administering the FLP was $1,360,889, which exceeded the total administrative fees and interest income of $1,326,371 by $34,518. As part of a legal settlement, WGAW has agreed to prepare an annual review of the FLP finances in connection with its regular audit process. The review will validate: (1) the amount collected by the FLP during the fiscal year, including interest earned tax. on funds held in trust; (2) the amount distributed to writers or their heirs; and (3) the amount of undistributed funds held by WGAW at the end of the fiscal year. The results of this year s annual review appear on page 17 of these financial statements. Undeliverable funds include checks and other monies due to writers that are returned by the post office because the writer is unknown at the address indicated or the writer has moved without leaving a forwarding address. The funds are held in trust while WGAW makes further efforts to locate the payee. The small residuals trust is a repository for residuals checks with a gross amount of less than $100 payable to writers who have enrolled in a program under which WGAW aggregates small payments for disbursement in a larger sum. Revenues Membership dues and assessments are recognized as revenue over the period of time in which the members perform the services upon which the dues income is based. Membership dues are payable on a quarterly basis. WGAW administers a residuals distribution program and performs other services on behalf of writers represented by WGAE. WGAE pays to WGAW as compensation for these services 13.25% of screenwriter and certain television writer dues revenue WGAE collects each calendar quarter. Such fees totaling $656,216 are included in the statement of activities as administrative fees. Income Taxes WGAW is a not-for-profit organization and is exempt from federal and state income taxes under Section 501(c)(5) of the Internal Revenue Code (the Code ) and Revenue and Taxation Code Section 23701a. Accordingly, no federal or state income taxes have been paid or accrued. The Code provides that WGAW s net rental and net advertising income is subject to unrelated business income 8

18 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accounting Policies, continued Income Taxes, continued Accounting principles generally accepted in the United States of America ( GAAP ) require management to evalutate tax positions taken by the WGAW and recognize a tax liability if the WGAW has taken a tax position that more likely than not would not be sustained upon examination by a tax authority. The WGAW is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress. Statement of Cash Flows For purposes of the statement of cash flows, WGAW considers money market accounts and other highly liquid investments, purchased with an initial maturity of three months or less, to be cash equivalents, with the exception of those classified as investments. Property and Equipment As required by GAAP, property and equipment are stated at cost (not fair market value). Depreciation and amortization are provided for using the straight-line method over the estimated useful lives of assets as follows: Building 39.5 years Building improvements 7 years Computers and equipment 3 years Vehicles 5 years Furniture and fixtures 7 years Tenant improvements Life of lease Repairs and maintenance are charged to expense as incurred; significant improvements, which materially increase values or extend useful lives, are capitalized and depreciated over the estimated useful lives of the related assets. The cost of assets retired or otherwise disposed of, and the related accumulated depreciation, are eliminated from the accounts in the year of disposal. Gains or losses resulting from the disposal of assets are charged to income and expense currently. Software Development Costs WGAW capitalizes production costs of computer software developed for internal use and amortizes such costs over a three-year estimated useful life. Cumulative costs capitalized totaling $1,710,432 are included in property and equipment, net in the accompanying statement of financial position. 9

19 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accounting Policies, continued Severance WGAW s severance pay policies, affecting certain WGAW employees, provide for severance payments in the event of specified terminations of employment. The severance liability is accrued in accordance with the terms of the severance pay policies. Concentration of Credit Risk WGAW holds investments primarily in the form of marketable debt securities, an equity mutual fund and money market funds. WGAW is exposed to credit risk for the amount of the investments in the event of nonperformance by other parties to the investment transactions. To date, WGAW has not incurred losses related to these investments and does not anticipate nonperformance by other parties. WGAW places its cash with various financial institutions. From time to time and as of March 31, 2018, WGAW has bank deposits that exceed the general Federal Deposit Insurance Corporation s ( FDIC ) insured limits of $250,000. To date, WGAW has not incurred losses related to these deposits. The composition of the investment portfolio as of March 31, 2018 is diversified, with holdings primarily in U.S. Agencies and government backed securities, corporate bonds and a mutual fund. Estimates The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reported period. Actual results could differ from those estimates. 2. Investments GAAP establishes a fair value hierarchy which prioritizes valuation inputs into three levels based on the extent to which inputs used in measuring fair value are observable in the market. Level 1 Quoted prices in active markets. Level 2 Inputs based on quoted prices for similar instruments and model-based valuation techniques for which all significant assumptions are observable in the market or can be corroborated by observable market data. Level 3 Inputs are generally unobservable and typically reflect management s estimates of assumptions that market participants would use in pricing the asset or liability. 10

20 NOTES TO FINANCIAL STATEMENTS 2. Investments, continued The following tables represent the WGAW s fair value hierarchy for its financial assets measured at fair value on a recurring basis as of March 31, 2018: Investments Level 1 Level 2 Level 3 Market Value Total Cost U.S. Agencies and government backed securities $ - $ 6,489,796 $ - $ 6,489,796 $ 6,563,163 Corporate bonds - 7,877,461-7,877,461 7,955,753 Equity mutual fund 14,403, ,403,572 11,293,548 Money market funds 491, , ,818 Total $14,895,390 $14,367,257 $ - $29,262,647 $26,304,282 Funds Received on Behalf of Members Level 1 Level 2 Level 3 Market Value Total Cost U.S. Agencies and government backed securities $ - $1,839,951 $ - $ 1,839,951 $ 1,874,889 Corporate bonds - 3,164,111-3,164,111 3,194,944 Money market funds 19,796, ,796,134 19,796,134 Total $19,796,134 $5,004,062 $ - $24,800,196 $24,865,967 Level 1 investments consist of an equity mutual fund and money market funds. Level 2 investments consist of corporate bonds, and U.S. Agencies and government backed securities. All investments are recorded at fair value based on the securities year end closing value, as reported by the investment manager, based on valuations by Interactive Data Pricing and Reference Data, Inc. Purchases and sales of securities are recorded on the trade date basis. Interest income is recorded on the accrual basis. Net realized and unrealized gains and losses are computed using the investments cost for financial statement purposes and are included in the statement of activities. WGAW intends to reinvest all investments maturing in fiscal year 2019 into money market funds, government backed securities, or investment-grade corporate bonds. 11

21 NOTES TO FINANCIAL STATEMENTS 2. Investments, continued The investment return is detailed as follows: Funds Received On Behalf Unrestricted Of Members Total Interest, dividend and capital gains income $1,570,315 $241,393 $1,811,708 Net realized (loss) on sale of investments ( 57,817) ( 2,036) ( 59,853) Net unrealized (depreciation) in market value ( 349,027) ( 65,045) ( 414,072) Bank fees (included in professional fees) ( 128,261) ( 15,705) ( 143,966) Return on investments $1,035,210 $158,607 $1,193, Notes Receivable Strike loans were made to members in good standing who suffered direct financial hardship due to the strike that commenced on November 5, 2007 and ended on February 13, 2008, as well as due to an earlier 1988 strike. The loans are evidenced by promissory notes and are secured by written assignments of a portion of the member s future residuals income. Good & Welfare and Year 2000 loans were made to members experiencing acute financial hardship. These non-interest bearing promissory notes have no due dates but include an assignment of residual payments in the event the loan becomes delinquent. An allowance has been provided for estimated uncollectible amounts. 4. Property and Equipment Property and equipment consisted of the following at March 31, 2018: Total Land $ 700,000 Building and improvements 8,199,438 Furniture and fixtures 3,469,843 Computers and equipment 3,916,578 Tenant improvements 991,729 17,277,588 Less: Accumulated depreciation and amortization 11,507,718 $ 5,769,870 Depreciation and amortization expense was $604,886 for the fiscal year ended March 31,

22 NOTES TO FINANCIAL STATEMENTS 5. Multiemployer Defined Benefit Plans WGAW employees participate in the Producer-Writers Guild of America Pension Plan (the Pension Plan ) and the Writers Guild-Industry Health Fund (the Health Fund ), multiemployer plans existing primarily for the benefit of writers represented by WGAW. The risks of participating in multiemployer defined benefit pension plans are different from single-employer defined benefit pension plans in the following respects: Assets contributed to the multiemployer plan by one employer may be used to provide benefits to employees of other participating employers. If a participating employer stops contributing to the Pension Plan, the unfunded obligations of the plan may be borne by the remaining participating employers. If an employer elects to end its participation in the Pension Plan, it may be required to pay the plan an amount based on the underfunded status of the plan, referred to as a withdrawal liability. Pension Plan. WGAW s participation in the Pension Plan for the fiscal year ended March 31, 2018 is summarized in the table below. The most recent Pension Protection Act zone status available is for the Pension Plan s year-end at December 31, The zone status is based on information that WGAW received from the Pension Plan and is certified by the Pension Plan s actuary. Pension Fund EIN/Pension Plan Number Pension Protection Act Zone Status 2017 FIP/RP Status Contributions by WGAW in 2018 Surcharge Imposed Expiration Date of Collective Bargaining Agreement Producer-Writers Guild of Green No $ 1,269,933 No May 1, 2020 America Pension Plan No. 001 Other 4,865 Total $ 1,274,798 Among other factors, plans in the red zone are generally less than 65 percent funded; plans in the orange and yellow zones are less than 80 percent funded; and plans in the green zone are at least 80 percent funded. The FIP/RP Status column indicates plans for which a funding improvement plan (FIP) or rehabilitation plan (RP) is either pending or has been implemented. The last column listed the expiration dates of the collective bargaining agreement pursuant to which the Pension Plan exists. Health Fund. WGAW s contributions to the Health Fund, which provides medical benefits to active employees and retirees, was $1,597,510 for the fiscal year ended March 31,

23 NOTES TO FINANCIAL STATEMENTS 6. Defined Contribution Plan WGAW maintains a qualified contribution retirement or thrift plan ( 401(k) Plan ) in which substantially all employees are eligible to participate. The 401(k) Plan provides for voluntary tax-deferred retirement contributions from employees under Section 401(k) of the Internal Revenue Code. WGAW contributions are required as defined in the 401(k) Plan document, subject to the limitations imposed by the Internal Revenue Code and the Employee Retirement Income Security Act of WGAW made $266,608 in contributions on behalf of participants in the 401(k) Plan for the fiscal year ended March 31, Commitments and Contingencies WGAW has entered into operating lease agreements for its theater, office equipment and storage through December At March 31, 2018, future minimum payments under these noncancellable obligations were as follows: Office Equipment Theater Storage Total 2019 $ 47,062 $ 256,117 $37,800 $ 340, , , , , , , , , , , , ,785 Thereafter - 1,056,482-1,056,482 Total $193,267 $2,369,082 $37,800 $2,600,149 For the fiscal year ended March 31, 2018, rent expense was $383,844 (equipment, storage and theater rental). WGAW is a labor organization whose primary function is to negotiate collective bargaining agreements with employers in the motion picture, television and new media industries. WGAW s principal industry-wide agreement expires on May 1, WGAW may from time to time be involved in various ongoing litigation matters. If judgments are made against WGAW, management does not expect that these amounts will materially exceed the amounts recoverable through WGAW s insurance carriers. Management believes that the disposition of any such litigation will not materially affect WGAW s financial condition or earnings. 14

24 NOTES TO FINANCIAL STATEMENTS 8. Financial Core Status ( FCS ) Non-Membership Fee Obligations The law permits WGAW to assess FCS non-members fees up to an amount equal to its regular dues and initiation fees. During the fiscal year ended March 31, 2018, WGAW set FCS fees at 13.10% less than the regular dues. This reflects the percentage of total WGAW expenditures attributable to nonchargeable expenses during the fiscal year. For the fiscal year ending March 31, 2019, WGAW has set FCS fees at 13.10% less than the regular dues. This reflects WGAW s estimate of the dollar amount that will correspond to its nonchargeable expenditures. Upon review of the chargeable and nonchargeable expenditures after this fiscal year end, a FCS non-member may be entitled to an adjustment of his or her FCS non-member fee. 9. Functional Expenses Expenses incurred by functional category were as follows: Member services $26,502,800 Management and general 3,724,071 Programs: Theater Operations Fund 828,223 Strike Fund (27,553) Good & Welfare Fund (11,859) Year 2000 Fund 25,280 Total expenses $31,040, Supplemental Disclosure of Cash Flow Information During the fiscal year ended March 31, 2018, WGAW received funds on behalf of members of $32,083,170. WGAW made payments from funds received on behalf of members of $32,054,897 during the fiscal year ended March 31, Related Party During fiscal year 2009, the WGAW formed a political action committee (the WGAW PAC ). Consistent with federal election law, WGAW assets will not be used to fund contributions to the WGAW PAC. WGAW PAC will solicit and raise voluntary contributions from the WGAW members, which will be used to support political activities on behalf of writers. WGAW PAC is administered by a 11-member committee that includes WGAW s elected officers and executive director. Day-to-day operations have been delegated to a firm of experienced election law attorneys, who are responsible for compliance with recordkeeping and reporting requirements. Accordingly, WGAW s financial statements do not reflect the activities of the WGAW PAC. 15

25 NOTES TO FINANCIAL STATEMENTS 11. Related Party, continued The following is selected unaudited data as to assets, liabilities, net assets, revenues and expenses pertaining to the WGAW PAC as of and for the fiscal year ended March 31, 2018: WGAW PAC (Unaudited) Assets $157,358 Liabilities $ - Net Assets $157,358 Revenues $110,906 Expenses $50,221 Net Increase $60,685 The WGAW PAC is subject to taxation under Internal Revenue Code Section 527 and Revenue and Taxation Code Section 23701r on investment income in excess of $ Subsequent Events Management has evaluated subsequent events through May 22, 2018, the date on which the financial statements were available to be issued. There were no material subsequent events that required recognition or additional disclosure in these financial statements. 16

26 SUPPLEMENTAL SCHEDULE

27 FOREIGN LEVIES FUNDS COLLECTED, DISTRIBUTED AND HELD BY WGAW Collected Distributed Held WGAW WGAW Total Funds Investment Assessed WGAW WGAW Funds WGAW Fiscal Beginning Funds Collected Investment Collected Income/Interest Administrative Funds Distributed Distributed to Funds Held Year 1,2 Balance Remittances 3 Income/Interest 4 Including Interest Transferred 5 Fee 6 to Writers 7 The Actors Fund 8 Balance 9 A B C D = B + C E F G H I = A + D - E - F - G - H FY FY $ - $ 129,235,882 $ 8,953,324 $ 138,189,206 $ 7,654,451 $ 4,989,771 $ 103,924,891 $ - $ 21,620, FY ,620,093 18,294, ,687 18,498, ,107 17,321,468-21,949,880 FY ,949,880 17,281, ,094 17,454, , ,815 17,136,189 1,090,871 19,594,000 FY ,594,000 14,389,348 19,253 14,408, , ,411 13,273,994-19,356,836 FY ,356,836 15,914, ,301 16,024, ,561 14,593, ,924 19,781,411 FY ,781,411 13,761,663 71,864 13,833, , ,345 12,402,005 1,371,779 18,679,094 FY ,679,094 16,900,964 52,036 16,953,000 71, ,900 14,568, ,237 19,295,683 FY ,295,683 24,540, ,581 24,703,597 52, ,162,790 21,907, ,564 20,143,466 $ 250,318,677 $ 9,747,140 $ 260,065,817 $ 9,585,132 $ 10,860,700 $ 215,128,144 $ 4,348,375 Notes: All values rounded to the nearest dollar. 1 WGAW initiated its foreign levies collection efforts in It received the first remittances from foreign collecting societies in WGAW s fiscal year ends on March Remittances from foreign collection societies to WGAW on behalf of writers, net of transfers to other foreign levies payors (e.g. the DGA) and refunds to foreign collecting societies of improperly transmitted funds. 4 Investment Income/Interest on funds held is net of bank and custodial fees. Investment Income/Interest is determined by investment performance. 5 Investment Income/Interest are transferred to WGAW general fund to offset the cost of administering the Foreign Levies Program. 6 WGAW began charging an administrative fee in 2004 to offset the cost of administering the Foreign Levies Program. The fee is assessed when funds are distributed to writers. 7 Includes payments to writers and their heirs, successors or other lawful payees. 8 WGAW transfers certain undeliverable foreign levies to The Actors Fund, a 501(c)(3) charitable organization, which provides emergency assistance to writers and other entertainment industry professionals. 9 Balance as of the end of WGAW s fiscal year on March FY FY 2011 data are based on the February 29, 2012 One-Time Review of the Foreign Levies Program, prepared by the accounting firm KPMG LLP (the "KPMG Review"). 11 FY 2012 beginning balance is based on the KPMG Review. 12 Retained Investment Income/Interest transferred to offset operating costs in excess of administrative fees and interest collected. 17

28 NOTICE TO WGAW Fee Payers NOTICE to WRITERS GUILD OF AMERICA, WEST, INC. FEE PAYERS This notice is provided to all employees working under collective bargaining agreements between the Writers Guild of America, West, Inc. ( WGAW ) and production companies. This notice provides you with information and sets forth procedures concerning implementation of your legal rights regarding Financial Core Status ( FCS ) non-membership fees. FCS Non-Membership Fee Obligations The law permits the WGAW to assess FCS non-member fee up to an amount equal to its regular dues. During this coming fiscal year, April 1, 2018 through March 31, 2019, the WGAW has set the FCS non-membership fee at 13.10% less than the regular dues. This reflects the WGAW s estimate of the dollar amount that will correspond to its nonchargeable expenditures. Expenses germane to the collective bargaining process are chargeable. These include, but are not limited to, expenses for negotiations, contract administration, grievance adjustment, organizing, economic actions, internal union governance and administration, and litigation related to these activities. Expenses for political purposes, general community services, and members-only benefits are non-chargeable. In order to reduce the fee they pay to the WGAW, FCS non-members must follow the procedure described below. Procedure for Filing Notice of Objection and Notice of Challenge A procedure has been established allowing any person to (1) elect FCS non-member status by filing a Notice of Objection; or (2) challenge the FCS fee percentage by filing a Notice of Challenge. A Notice of Objection may be filed without filing a Notice of Challenge. A person filing only a Notice of Challenge, however, will automatically be considered to have also filed a Notice of Objection. A. Notice of Objection and/or Notice of Challenge: 1. The Notice of Objection may be filed separately or along with a Notice of Challenge. The postmark deadline for submitting either document is as follows: (a) For members, on or before July 31 for the upcoming fiscal year. (b) For non-members, during the thirty (30) day period following receipt of this Notice to Writers Guild of America, West, Inc. Fee Payers. 2. A Notice of Objection, when perfected, is irrevocable. 3. In order to be valid, a Notice of Challenge must be filed annually in writing and postmarked on or before the date set forth above. 4. The Notice of Objection or Challenge must include the following: (a) Objector/Challenger name (b) Objector/Challenger address (c) Objector/Challenger telephone number (d) Objector/Challenger social security number B. Address for filing objections and challenges: The Notice of Objection or Challenge shall be filed with the person designated at the address set forth below. While not required, it is recommended that all challenges and objections be sent by certified mail, return receipt requested. 6

29 Don Gor, Chief Financial Officer Writers Guild of America, West, Inc West Third Street Los Angeles, CA C. Arbitration Procedure for Notice of Challenges: The WGAW has established an arbitration procedure for challenging the amount of the FCS fee adjustment. The procedure will result in a prompt resolution of the challenge by an impartial arbitrator. Challengers will receive complete information concerning the arbitration procedure upon receipt of a timely and properly written challenge. All challenges filed within the prescribed time period will be consolidated into a single proceeding and conducted in accordance with the American Arbitration Association s (AAA) Rules for Impartial Determination of Union Fees. The AAA will select an arbitrator, whose fees will be paid by the WGAW. D. Post-Arbitration Procedures: The final recalculated FCS non-member fee rate (percentage) will apply to challengers as of March 31, 2019, and appropriate adjustments will be made in accordance with the arbitration decision. No FCS non-member fee challenges will be accepted after the challenge period specified above for the period established by the notice. Procedure When an Objector and/or Challenger Fails to Receive a Reduction Should the fee payments of any objector and/or challenger not be reduced by the WGAW in the amount set forth in this notice, the objector and/or challenger must write to the WGAW within thirty (30) days after he or she receives the fee notice to explain the situation. The WGAW will then take immediate action to remedy the situation as warranted by the facts. FCS Fee Payers Representation Rights As long as the FCS non-member fee payer continues to pay his or her financial obligations to the WGAW, he or she shall have the right to continue employment and to be represented by the WGAW under applicable collective bargaining agreements in the same manner as a WGAW member. However, a FCS fee payer is not entitled to membership rights in the Guild, such as the right to: 1. Compete for and receive Writers Guild Awards. 2. Attend membership meetings or any other WGAW events for professional writers. 3. Vote on changes in the credits system. 4. Run for WGAW office. 5. Vote in WGAW elections. 6. Participate in the formation of WGAW bargaining proposals. 7. Vote to ratify or not to ratify WGA collective bargaining agreements. 8. Access the members-only section of the WGAW website. 9. Use the Guild script registration service at the member s rate. 10. Serve on WGAW committees. 11. Exercise or enjoy any other rights or privileges of WGAW membership unrelated to the negotiation and administration of collective bargaining agreements (e.g., strike loans, Good & Welfare loans, and other WGAW assistance programs). All questions concerning this notice and requests for copies of the WGAW Financial Core Status Policy Statement must be in writing and addressed or delivered to the WGAW at the address set forth above. 7